Main Pursuit Terms of Service
Effective as of April 1st, 2011.
ALL THE MAINPURSUIT SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE MAINPURSUIT SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Should you have any questions about this Agreement, please contact us at termsofuse [at] mainpursuit [dot] com.
Company may modify this Agreement at any time and such modification shall be effective upon posting on the Websites. We will indicate the effective date of this Agreement at the top of this page. You agree to be bound to any changes to this Agreement when you use any MainPursuit Services after any such modification is posted. It is therefore important that you review this Agreement each time you use the MainPursuit Services to ensure that you are updated as to any changes. If you do not agree with any of the terms of this Agreement, you must immediately discontinue your use of MainPursuit Services.
Use of and membership to MainPursuit Services is void where prohibited. By using MainPursuit Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of MainPursuit Services does not violate any applicable law or regulation. Your User Content and profile may be deleted, your membership may be terminated, and you may be denied access to MainPursuit Services without warning if Company believes that you are under 13 years of age.
Term / Termination.
This Agreement shall remain in full force and effect while you use MainPursuit Services or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on your Member's Settings page. Company may terminate your membership at any time, without warning. However, this Agreement will remain in effect as long as you use MainPursuit Services, regardless of your membership status.
You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the MainPursuit Services (or any part thereof), immediately and without notice, and remove and discard any content within the MainPursuit Services, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the MainPursuit Services. Further, you agree not to attempt to use the MainPursuit Services after said termination.
Limitations on Services.
You acknowledge that Company may establish limits concerning use of the MainPursuit Services. You agree that Company has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the MainPursuit Services. You acknowledge that Company reserves the right at any time to modify or discontinue the MainPursuit Services (or any part thereof) with or without notice, and that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MainPursuit Services.
Password and Email.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time. You agree to notify Company immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. By registering and providing your email address, you consent to Company communicating with you by email, including without limitation, to provide you notice of any security breach in lieu of other written notification. We may also use your email address to send you other messages, including changes to MainPursuit Services features and special offers. You may opt-out of this email communication by contacting us at help [at] MainPursuit [dot] com. Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
By providing Company your email address you consent to our using the email address to send you service-related and administrative notices, including notices required by law, in lieu of postal mail. Regardless of anything else herein, you may not opt out of such service-related and administrative emails.
Ownership Rights of Company.
The MainPursuit Services, including without limitation all content available through the MainPursuit Services, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, the Company and its licensors exclusively own or control all right, title, and interest in and to the MainPursuit Services, including all associated intellectual property rights. No part or whole of MainPursuit Services may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. The foregoing does not apply to your own User Content that you legally post on the Website. Provided that you are eligible to use the MainPursuit Services, Company hereby grants you a limited, nonexclusive, nontransferable, nonassignable, revocable license to access and use the MainPursuit Services and to view, download or print a copy of any portion of content available through the MainPursuit Services to which you have properly gained access solely for your personal, non-commercial use, provided that you do not remove, alter or obscure any copyright, trademark or other proprietary rights notices incorporated in or accompanying the MainPursuit Services. Except for your own User Content and except as expressly provided otherwise herein, you may not upload or republish any content available through the MainPursuit Services on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the MainPursuit Services other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
MainPursuit Services are for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved herein or in subsequent writing by Company. Illegal and/or unauthorized use of MainPursuit Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending spam, unsolicited email or unauthorized framing of or linking to the Websites is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken against any illegal or unauthorized use of MainPursuit Services.
Posted User Content.
For the purposes of this Agreement, "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication and "User Content" means Content that users submit or transmit to, through, or in connection with the MainPursuit Services. Company may in its sole and absolute discretion delete and remove any User Content from the MainPursuit Services at any time for any cause or without cause, including content that in the sole judgment of the Company violates this Agreement or which may be offensive or illegal or violate the rights, harm, or threaten the safety of any person or for any other reason.
Company assumes no responsibility for inappropriate User Content or conduct of its users. Even if the Company chooses, in its sole discretion, to monitor the MainPursuit Services, Company nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the Member or user posting any such User Content.
You are solely responsible for the User Content that you post on the MainPursuit Services, any material or information that you transmit to other Members and your interactions with other users. Company does not endorse any of the User Content. User Content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. Company makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users.
License Grant to Company.
Company does not claim ownership rights in User Content that you post on the Website or make available otherwise through the MainPursuit Services. However, by uploading, posting, emailing or otherwise transmitting any of your User Content to the Company or on the Websites or through MainPursuit Services, you hereby grant to Company a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Content in any form, medium or technology now known or later developed, including without limitation on the Websites, applications on mobile devices, and third party websites. You also irrevocably grant to the other users of the MainPursuit Services the right to access and use your User Content in connection with their use of the MainPursuit Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral rights or attribution with respect to your User Content.
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to Company and other users. Company will own all right, title and interest in and to all derivative works and compilations of User Content that are created by Company, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Company to grant to Company the full benefit of the rights granted to Company by you.
Third Parties Sites/Links.
The Websites and content available through MainPursuit Services may contain features and functionalities that may link you or provide you with access to third party content and websites. Such linked third party content and websites and associated business practices and privacy policies are not under the control of Company, and Company is not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Websites does not imply any endorsement by or any affiliation with the Company. By accessing the Websites or following links to third party websites you may be exposed to content that you consider offensive or inappropriate. While Company reserves the right to remove such content, you acknowledge and agree that Company will not be responsible for such content and that you nonetheless may be exposed to such materials.
You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties. If there is a dispute between you, and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with any third party, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Company and its licensees may publicly display advertisements and other information adjacent to or included with or in connection with your User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Prohibited Content and Activities.
As a condition to the license granted to you by the Company herein, you agree not to post any User Content on the Websites or through the MainPursuit Services that is of a type listed below ("Prohibited User Content"). Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, posts any Prohibited User Content, including without limitation, removing the offending content from the Websites and terminating the membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Company:
is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or group;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter or contains a link to an adult website;
promotes information that is known by the user to be false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "phishing," "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members or users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
infringes or misappropriates any third party's patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
invades or violates any third party's right to privacy.
As a condition to the license granted to you by the Company herein, you also agree not to take any of the actions listed below in connection with the Websites or the MainPursuit Services ("Prohibited Activities"). Company reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, partakes in any Prohibited Activities, including without limitation, terminating the membership of such violators. Prohibited Activities includes, but is not limited to, the following:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services through the MainPursuit Services. You may not transmit any chain letters or junk email to other users. It is also a violation of these rules to use any information obtained from MainPursuit Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, Company reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Company deems appropriate in its sole discretion;
any automated use of the system, such as using scripts to add friends or send comments or messages;
interfering with, disrupting, or creating an undue burden on MainPursuit Services or the networks or services connected to MainPursuit Services;
attempting to impersonate another user or person or posting any third party's (including without limitation any family member's) information on MainPursuit Services without permission;
using the account, username, or password of another Member at any time;
selling or otherwise transferring your profile;
using any information obtained from MainPursuit Services in order to harass, abuse, or harm another person;
displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through MainPursuit Services on behalf of that person, such as placing commercial content on your profile or posting blogs or bulletins with a commercial purpose;
using MainPursuit Services in a manner inconsistent with any and all applicable laws and regulations;
use or launch of any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that access the Websites in an automated manner;
collecting or harvesting any personally identifiable information, including names or email addresses, from MainPursuit Services, or using MainPursuit Services for any commercial solicitation purposes without prior written consent from Company; and
renting, leasing, transferring, selling, reselling, or otherwise exploiting for any commercial purpose, any portion of or access to MainPursuit Services.
This Agreement also governs the terms under which you may access and use the API and the data transmitted through the API (the "MainPursuit Content"). By using the API, you agree to do so solely in accordance with the terms and conditions of this Agreement, and you agree that you are bound by and a party to this Agreement. If you access or use the API on behalf of a company, principal, or other entity you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding upon them. In such case the term "you" will refer to such entity and its affiliates.
Subject to your full compliance with all of the terms and conditions of this Agreement, Company grants you a non-exclusive, revocable, nonsublicensable, nontransferable, nonassignable license to (i) access and use the API to receive MainPursuit Content; (ii) display MainPursuit Content on your website, desktop application, or mobile device; and (iii) reproduce and display the Company name and logo (the "MainPursuit Marks") solely in order to comply with the attribution requirements set forth below. You may not install or use the API for any other purpose without Company's prior written consent. As part of using the API, you grant Company the right to use your name and a link to your website or application as part of any listing of current API users. No rights or licenses are granted except as expressly and unambiguously set forth herein.
As between Company and you, the API, MainPursuit Content, MainPursuit Marks and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Company and are protected by applicable intellectual property laws and treaties.
You agree that any use of the API will comply with the attribution requirements set forth below. Company reserves the right to immediately revoke access to any application that does not comply with these requirements.
If you are using MainPursuit Content in a desktop application or mobile device where a search-engine-crawlable link is not possible, you must attribute the content to THE Company using one of the MainPursuit Marks provided below AND the phrase "Recommendations provided by MainPursuit.com" on every page or screen where MainPursuit Content is used.
If you display cached images provided by the API in your application at sizes larger than 100x100 pixels, you must provide a link to the original image source page as returned by the API.
You also agree that you will not, and will not assist or enable others to:
cache or otherwise store MainPursuit Content obtained through the API for a period of more than 7 days;
create or disclose metrics about, or perform any statistical analysis of, the API or MainPursuit Content;
use the API on behalf of any third party;
display MainPursuit Marks or MainPursuit Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and Company, other than your permitted use of the API under the terms of the Agreement;
copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;
use the API in a manner that impacts the stability of Company's servers or impacts the behavior of other applications using the API;
display the MainPursuit Content on any site that disparages Company or its products or services, or infringes any Company intellectual property or other rights;
attempt to cloak or conceal your identity or your application's identity when using the API;
use the API or MainPursuit Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Company's sole discretion) to Company, its providers, its suppliers, end users of this website, or your end users;
use the API, MainPursuit Content or MainPursuit Marks in a manner that could reasonably be interpreted to suggest that Company is the author or entity that is responsible, in whole or in part, for the creation or development of any MainPursuit Content or that such MainPursuit Content represents the views of MainPursuit;
use the APIs in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email, multi-level marketing proposals, hate materials, hacking/surveillance/interception/descrambling equipment, libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, gambling, professional services regulated by state licensing regimes, weapons and accessories
As part of the MainPursuit Services, Company may provide you with certain Widgets published by Company which provide access to content of the Websites from points outside of the website domains. This Agreement governs your use of such Widgets.
Widgets are tools which you may place on your website to allow visitors to your website to access and view content from the Company's Websites. You acknowledge and agree that these tools may without limitation, display Company logos, headlines which link to stories located on Websites, search boxes which link to information located on Websites, and advertising for Company and third party products (collectively, "Widget Content,"). The Widgets consist of the Widget Content, and as well as all software files or images incorporated in, or generated by, the Widgets and any and all data and html embedded code that accompanies the Widgets, and any upgrades, enhancements, modifications, updates and revisions of such software and code.
Subject to your compliance with this Agreement, Company hereby grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable, personal, revocable license to use and display the Widgets on your web site solely for your own personal, non-commercial use as permitted by this Agreement. You are not licensed to use the Widgets for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widgets. In particular, you may not use the Widgets to offer or promote, or otherwise use the Widgets in association with, any products or services for sale. The Widgets (including the software contained therein) and the Widget Content are protected under United States and international copyright laws and are subject to other intellectual property and proprietary rights and laws and are owned by Company. Subject solely to the express parameters of the limited license granted to you pursuant to this paragraph, the Widgets and the Widget Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without your obtaining the express prior written permission in each instance of Company. In addition, neither Widget Content nor content from the Websites accessed through the Widgets may be used in any manner that would constitute an endorsement (whether express or implied) by any person or entity of any product(s), service(s), activity(ies) or brand(s) contained on your website(s).
The Widgets may be placed on your websites and on your pages at online social network sites, to the extent permitted by such sites. Company prohibits the placement of widgets on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by Company in its sole discretion.
The Widgets may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article or other information on the Company's Websites. You may not display the Widget Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Company Website. You may not insert any intermediate page, splash page or other content between the Widget link and the applicable Company Website.
We reserve the right at any time to charge fees for access to the Widgets. In no event will you be charged unless we obtain your prior agreement to pay such charges although, if you decline to pay such charges, we may require that you remove any Widgets from your website.
Company retains all ownership and other rights in the Widget Content. Company retains all ownership and other rights in the Company logos and trademarks. All other trademarks appearing in the Widget Content are the property of their respective owners. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Widget.
MainPursuit reserves the right to discontinue providing any or all of the Widgets at any time and to require you to cease displaying, distributing or otherwise using any or all of the Widgets for any reason including, without limitation, your violation of any provision of this Agreement. Neither Company, nor any of its respective affiliates, sponsors, licensees assume any liability for any of your activities in connection with the Widgets or for your use of the Widgets in connection with your website, and you agree to indemnify, defend and hold Company harmless form and against any claims arising from such activities or use.
Copyright Policy - Digital Millennium Copyright Act Notice.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of the Company to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to the Company by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on MainPursuit Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on MainPursuit Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please provide this information to:
268 Bush Street # 4209
San Francisco, CA, 94104
Email: copyrights [at] mainpursuit [dot] com
You are solely responsible for your interactions with other users of MainPursuit Services. Company reserves the right, but has no obligation, to monitor disputes between you and other users.
MainPursuit Services is intended to be a private network. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
User located outside of the United States.
The Company and its MainPursuit Services are based in the U.S., and our offices are headquartered in the U.S. Any users located outside of the U.S. agree to use MainPursuit Services only if such use is in compliance with all applicable international, national, and local laws, regulations, and rules. By using any of the MainPursuit Services, you represent to the Company that your use of the MainPursuit Services is not in violation of any international, national or local laws, regulations, or rules.
THE COMPANY, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITES OR IN CONNECTION WITH THE MAINPURSUIT SERVICES, WHETHER CAUSED BY USERS OF THE WEBSITES, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION OF THE WEBSITES OR THE MAINPURSUIT SERVICES.
THE COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE MAINPURSUIT SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE MAINPURSUIT SERVICES, ANY CONTENT POSTED ON THE MAINPURSUIT SERVICES OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE MAINPURSUIT SERVICES, WHETHER ONLINE OR OFFLINE.
COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER EQUIPMENT BELONGING TO ANY USER OF THE MAINPURSUIT SERVICES, ANY MEMBER, OR ANY OTHER PERSON RELATED TO OR RESULTING FROM USE OF THE MAINPURSUIT SERVICES, VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE MAINPURSUIT SERVICES, OR OTHERWISE IN CONNECTION WITH THE MAINPURSUIT SERVICES.
THE MAINPURSUIT SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR THAT THE MAINPURSUIT SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT MAINPURSUIT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH MAINPURSUIT SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. COMPANY DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE MAINPURSUIT SERVICES. MAINPURSUIT SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY COMPANY. COMPANY HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MAINPURSUIT SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
COMPANY MAY IN ITS SOLE DISCRETION, BUT IS NOT OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS AND REMEDIES YOU MAY HAVE AGAINST COMPANY FOR SUCH EXPOSURE.
Limitation on Liability.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE MAINPURSUIT SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR MAINPURSUIT SERVICES DURING THE TERM OF MEMBERSHIP. COMPANY ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MAINPURSUIT SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MAINPURSUIT SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH MAINPURSUIT SERVICES, AND/OR (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
MainPursuit Services are controlled from our facilities in the United States. Company makes no representations that MainPursuit Services are appropriate or available for use in other locations. Those who access or use MainPursuit Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on MainPursuit Services (such as advertising or payments) or operate a platform application or website.
Governing Law and Forum.
This Agreement and any dispute regarding MainPursuit Services shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Company or you may demand that any dispute between Company and you about or involving MainPursuit Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Company from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or access to MainPursuit Services, your violation of this Agreement, breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any User Content that you post on the Websites or through MainPursuit Services causes Company to be liable to any third party.
This Agreement constitutes the entire agreement between you and Company regarding the use of MainPursuit Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found to be unlawful, void or unenforceable, that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
Statute of Limitations.
You agree that, regardless of any statute or law to the contrary (to the extent allowed by applicable law), any claim or cause of action, arising out of or related to use of MainPursuit Services or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to Members via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Websites, as determined by Company in its sole discretion. Company reserves the right to determine the form and means of providing notifications to our Members, provided that you may opt out of certain means of notification as described in this Agreement.